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Case Or No Case???... A Little Confused

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jnai06

Junior Member
What is the name of your state? FL

Hello Everyone, I am new to the forum and this is my first time posting.

I spoke with an attorney last week regarding harrasment issues at work by my manager. I came prepared with documentationt o support my claims and a copy of a complaint that I forwarded to HR last year. The harrassment has gone on for over a year and HR keeps sweeping it under the table. I have been on medical leave for 8 weeks now and contacted the attorney after seeing a commercial.

After meeting with the attorney, he explained that he was sending me a letter indicating that he is not representing me but that I could return to him within 30 days????

All of my documentation substantiates my complaint but I am a bit confused by the attorney's response.

Has anyone else experienced this?
 


Beth3

Senior Member
First of all, can you briefly explain what sort of harassment has been occuring? Not all types of "harassment" are illegal.
 

ironman

Junior Member
First things first, find out what is up with this Attorney. Did you pay him a retainer fee?
If you are still employed, it may not be the best move to seek legal representation until after you leave the company.
 

jnai06

Junior Member
Case or No Case? I Am A Little Confused

Thank you for the responses!

Yes I am still employed with the company so that could be why as well. . The harassment is from a Manager with a long history of being verbally abusive, approaching me in a confrontational manner, and invading my personal space.. I've walked away from many arguments because I am a professional at all times..(although I would have loved to have bopped them upside the head. .:) )

I work for a large corporation and they have policies that state that this type of behavior is unacceptable and may lead to corrective action including termination. The manager has been reported to HR several times and nothing is being done....HR shrugs off any complaint and sweeps it under the rug. I've supplied documents indicating dates, times, witnesses and nothing has happened.. I am hopeful that something opens up in another division and I will apply there.. I've been employed there for close to 20 years and have never seen anything like it.. Not to mention, I am in Management as well.

It looks like this character is going to get away with this and I have no choice but to put up with this until I find something else.

J'nai
 

AL HR

Member
It may be against company policy, but being a jerk, which it sounds like this guy is, is not illegal. Going to a lawyer will get you nowhere since he can't do anything for you. Even if you had illegal harrassment going on, which it sounds like you don't, you have to get a right to sue letter from the EEOC first. Something tells me this lawyer wasn't one that specializes in employment law, right?
 

jnai06

Junior Member
Case or No Case???...

According to the advertisement Employment law is his specialty.. He actually told me to contact him 30 days after I return to work if nothing changes, which I thought was even stranger. He seemed to be more interested in the number of hours that I work since I work approximately 50 hours per week and I am oncall on the weekends..

Thanks again for taking time to respond.
 

Beth3

Senior Member
The harassment is from a Manager with a long history of being verbally abusive, approaching me in a confrontational manner, and invading my personal space.. None of which is illegal, even if the employer's internal policies prohibit that sort of behavior.

I understand why the attorney declined to represent you - based on what you posted, you have no legal claim to pursue. What I don't understand is why he told you to contact him again in 30 days.
 

weenor

Senior Member
It may be against company policy, but being a jerk, which it sounds like this guy is, is not illegal. Going to a lawyer will get you nowhere since he can't do anything for you. Even if you had illegal harrassment going on, which it sounds like you don't, you have to get a right to sue letter from the EEOC first. Something tells me this lawyer wasn't one that specializes in employment law, right?
For title VII claims, a complaint with the EEOC must filed shortly after the incident. However, certain discrimination claims can also be brought through section 1981, which does not require EEOC involvement.
 

jnai06

Junior Member
Case or No Case??

Thanks for the responses... I was confused by the 30 day statement as well, it seemed like he was alluding to me contacting him after I returned to work.

Also, I am african american. I've never heard the manager say anything racial about me but they do have a habit of using slang. The manager thinks that it is cute, however, since I am the only african american in a unit of approximately 35 managers of various levels, I am not amused in the least bit. I did not mention anything racial when I spoke to the attorney because I've never heard anything personally said about me.

Looks like I will have to be the bigger person in this situation.. I am a very positive person and will make the best of this...I have to accept that this sort of behavior has been around forever and just because I work for one of the largest corporations in the world, my experience is proof positive that certain behaviors still exist although the corporation makes every effort to prevent this type of behavior. I've worked there a long time and I can honestly say that this "Idiot" is not representative of the Management Team.

Thanks again for your feedback and for listening!

J'nai
 

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